REVIEW OF NEW SPECIFICATION OR SPECIFICATION CHANGE



February 25, 2010

REVISION OF SECTION 202, 203, 206 AND 250

ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT

NOTICE

This is a standard special provision that revises or modifies CDOT’s Standard Specifications for Road and Bridge Construction It has gone through a formal review and approval process and has been issued by CDOT’s Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by CDOT’s Standards and Specifications Unit. The instructions for use on CDOT construction projects appear below.

Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk.

Instructions for use on CDOT construction projects:

Use in all projects.

Sections 202, 203, 206, and 250 of the Standard Specifications are hereby revised for this project as follows:

Subsection 203.04 shall include the following:

All excavation activities in areas where asbestos is encountered or expected to be encountered shall conform to the Colorado Department of Public Health and Environment’s Asbestos-Contaminated Soil Guidance Document or the State of Colorado’s Asbestos Contaminated Soil Statewide Management Plan (ACS), which ever is more recent at the time of advertisement, and in accordance with subsection 250.07(j) and the Air Quality Control Commission Regulation No. 8 Part B or Section 5.5 of the solid Waste Regulation 6 CCR 1007-2, as applicable.

Subsection 206.03 shall include the following after the first paragraph:

If asbestos containing material (ACM) is suspected or found, the ACM and the suspected ACM shall be managed in accordance with the Air Quality Control Commission Regulation No. 8 Part B and/or Section 5.5 of the solid Waste Regulation 6 CCR 1007-2, which ever applies. All work conducted on site shall be in accordance with the Colorado Department of Public Health and Environment’s Asbestos-Contaminated Soil Guidance Document or the State of Colorado’s Asbestos Contaminated Soil Statewide Management Plan (ACS), whichever is more recent at the time of advertisement and in accordance with subsection 250.03.

Delete subsection 250.01 and replace with the following:

250.01 This work consists of protection of the environment, persons, and property from contaminants that may be encountered on the Project. This includes monitoring the work for encounters with contaminants or suspected contaminants; the management of solid, special, and hazardous waste; and management of visual emissions associated with hazardous waste, when encountered on the project.

In subsection 250.03 delete the second and third paragraphs, and replace with the following:

This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area.

Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the construction of this project. When suspected contaminated material, including groundwater, is encountered or brought to the surface, the procedures under subsection 250.03(d) 4. shall be followed.

Subsection 250.03 (a) shall include the following:

When asbestos is present or is suspected to be present, the HSO shall have additional training and certification in accordance with the Air Quality Control Commission Regulation No. 8 Part B

In subsection 250.03 (c), delete the third paragraph and replace with the following:

All on-site workers (Contractor’s, Departments, Utilities, and others) shall be briefed by the HSO on the contents of the HASP and any revisions thereof. The HSO shall conduct briefings (group or individual) to inform new employees, subcontractors, utility companies and other on-site workers of the HASP contents prior to their entry on site. All personnel involved in excavation or other soil disturbing activities shall receive the required two-hour training by a Certified Asbestos Inspector or Certified Abatement Designer, when asbestos discoveries are anticipated, or discoveries are made. A signature log of all briefing attendees shall be kept and furnished to the Engineer.

Subsection 250.03 (d) 2 E shall include the following:

8) Any quantity of ACM, including but not limited to, buried facility components, active or abandoned utility lines, buried foundations and demolition debris, or miscellaneous ACM dispersed in the soil.

Delete subsection 250.07 and replace with the following:

250.07 Asbestos-Containing Material Management.

Environmental documents or plans listed in the special provisions should include known or suspected locations that could involve encounters with ACM during excavation and other soil disturbing construction activities. Unexpected discoveries of ACM may be made during excavation and soil disturbing construction activities. Asbestos contaminated soil, shall be properly managed or remediated, in accordance with subsection 250.07(a).

All asbestos related activities shall be performed by Colorado certified asbestos professionals, contractors, or consultants. Certifications are issued by the Colorado Department of Public Health and Environment (CDPHE), Indoor Air Quality Unit. A Colorado Certified Asbestos professional shall direct the management and disposal of asbestos contaminated soil and other ACM. The Indoor Air Quality Unit within CDPHE is the only unit that certifies such professionals. The contactor shall furnish a copy of the license to the Engineer.

a) Regulatory Compliance. Asbestos contaminated soil management is governed by 6 CCR 1007-2, Section 5, which includes and references regulatory compliance with Asbestos Hazard Emergency Response Act (AHERA) Colorado Regulation 8; Inspection and reporting protocol and demolition standards are governed by AHERA; Demolition and notification standards are governed by National Emission Standards for Hazardous Air Pollutants (NESHAPS); Colorado Regulation 8 governs all asbestos activities, demolition, permitting, and certification of Certified Asbestos Professionals in the State of Colorado. Colorado Regulation 8 is more stringent than AHERA and NESHAPS and supersedes federal regulations. Conflicting regulatory requirements between AHERA and NESHAPS, if not specifically addressed in Colorado Regulation 8, shall be addressed and approved protocol negotiated with CDPHE.

The Contractor shall conform to all current regulations, policy directives, or both, issued by the EPA, CDPHE, and the Department.

b) Asbestos Management and Visual Inspections Asbestos management must be performed by Certified Asbestos Professional. Final Inspections of the area of asbestos contaminated soil removal must be performed by a Certified Asbestos Professional to determine what, if any, controls must be instituted to allow future activity in the excavation area. All final visual inspections may only be conducted when soil is dry.

c) Permitting and Notification. The CDPHE requires notification of any soil disturbing activity where asbestos is known, suspected or discovered. A 24-hour notification to CDPHE is required prior to any soil disturbing activity of an unplanned asbestos discovery. A 10 working day notification to CDPHE is required prior to any soil disturbing activity in an area with known or potential material suspected of containing asbestos in or on the soil or asbestos-contaminated soil. Removal of asbestos-containing material on a facility component, that is located on or in soil that will be disturbed, with asbestos quantities above the following trigger levels must be permitted and abated in accordance with the requirements of Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B):

1) 260 linear feet on pipes,

2) 160 square feet on other surfaces, or

3) The volume of a 55-gallon drum.

All permit applications shall be submitted to the Colorado Department of Public Health and Environment a minimum of 10 days prior to start of work for approval. The permit application and notification shall be submitted simultaneously. The Contractor shall obtain all required State and local permits and shall be responsible for all associated fees.

Permit application/notification and waiver request forms shall be submitted to:

Colorado Department of Public Health and Environment

Permit Coordinator/APCD – SS – B1

4300 Cherry Creek Drive South

Denver, CO 80246-1530

Phone: (303) 692-3100

Fax: (303) 782-0278

Application and waiver forms are available on the CDPHE website: asbestos@state.co.us

4) CDPHE’s Asbestos-Contaminated Soil Guidance Document or the State of Colorado’s Asbestos Contaminated Soil Statewide Management Plan (ACS). Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation and soil disturbing activities on construction projects, or when asbestos encounters are expected during construction. The contractor shall comply with procedures detailed in the CDPHE’s Asbestos-Contaminated Soil Guidance Document or the State of Colorado’s Asbestos Contaminated Soil Statewide Management Plan, whichever is more recent at the time of advertisement, including the following minimum requirements:

1) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and asbestos contamination in surrounding areas.

2) Soil Characterization.

3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is encountered during construction or on projects where asbestos encounters are expected. Training must be given by a Certified Asbestos Inspector or Certified Asbestos Abatement Designer with a minimum of six months experience inspecting asbestos contaminated soil.

4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries, whether expected or unexpected, by a Certified Asbestos Inspector.

5) Investigation and sampling required for risk assessment and management. Investigation, if required, shall be conducted by a Certified Asbestos Inspector.

6) Risk assessment and determinations for further management or abatement.

A. Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated with the Engineer.

B. Soil remediation is not necessarily required, depending on the circumstances.

7) Submit 24-hour Notification of Unplanned Asbestos Discovery.

8) Submit 10-day Notification of Planned Asbestos Management.

5) Risk Assessment and Determinations for Further Management Or Remediation. Risk assessment and determinations for further management or remediation must be closely coordinated with the Project Engineer and Project Manager of the Statewide Management Plan.

Add subsection 250.071, immediately following subsection 250.07, as follows:

250.071 Methamphetamine Lab Sites. Demolition of former Methamphetamine (meth) labs is enforced by the Governing Authority, which varies from county to county. The Contractor shall demolish all buildings that are identified as former meth labs, as listed in public listings by the Governing Authority. The Contractor shall provide evidence of demolition to the Governing Authority, obtain receipt of such evidence by the Governing Authority, and shall submit these to Engineer immediately following demolition.

Septic tank removal at known meth lab sites shall undergo preliminary assessment by an Industrial Hygienist or Certified Industrial Hygienist to determine proper removal and disposal. Work shall proceed in accordance with the recommendations of the Hygienist.

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